about throughout the day into our prime time hours. we are six weeks away from an election as of today. we are eit days away from the first presidential debate next wednesday in colorado. big, big times. martha: we're looking forward to that. "happening now" starts right now. we'll see you right back here tomorrow. jon: we begin with this fox news alert of the president obama just wrapping up his address to the united nations general assembly. the president challenging the international community to confront the causes of violence erupting across the muslim world and delivering a stern warning to iran saying the united states will do what it must do to prevent tehran from obtaining a nuclear weapon. we're going to have reaction to the president's u.n. address coming up in just a moment. first though, brand new stories and breaking news. >> the deadly west nile virus outbreak across our country is now getting worse. with one state hit very hard, the new efforts to stop the virus right in its tracks.

wild weather killer floods and mudslides are forcing more than a million folks out of their homes. we're live with that story. plus a new first for the mars rover as its robotic arm reaches out to touch a huge rock on the planet. now the rover on the move again. where it is headed next and why the trip is making history. it is all "happening now.". jamie: first back to our top story, violence in the middle east is centering in the gathering of the united nations general assembly. i'm jamie colby in for jenna lee. jon: the president warning iran that the u.s. will quote, do what we must to prevent the rogue nation from acquiring a nuclear weapon and condemning the deadly wave of anti-american protests in the muslim world. take a listen. >> the notion that we can control the flow of information is obsolete.

the question then is how do we respond? and on this we must agree, there is no speech that justifies mindless violence. jamie: david lee miller is outside the united nations right now. david, give us some specifics on what the president said about the recent spike in violence targeting the u.s. in the muslim world? >> reporter: jamie, the president talked about combating extremism of all types and he began his speech interestingly enough by specifically talking about chris stevens, the u.s. ambassador who was killed in benghazi. he began his speech talking about chris stevens and he also chose to conclude his speech talking about the life and the death of chris stevens. the president said that the attacks at the last two weeks were not only assaults against the united states of america, but an assault on the principles on which the u.n. was founded. he said that the u.s. is going to be relentless, in

his words, to bring to just test the killer of chris stevens. he also addressed the anti-muslim film produced in the u.s. that led to violent demonstrations in the middle east and in parts of asia. he talked about, and described the u.s. protection of free speech. here now is the president. >> i know there are some who asked why don't we just ban such a video. the answer is enshrined in our laws. our constitution protects the right to practice free speech. here in the united states countless publications provoke offense. like me, the majority of americans are christian yet we do not ban blasphemy against our most sacred beliefs. >> reporter: the president said no speech justifies what he termed, mindless violence. jamie? jamie: david lee, the president did he address the syrian crisis as the violence contends there? so many lives lost.

>> reporter: that's right. the president was very clear on the u.s. position when it comes to syria. he said, and i quote, the regime of bashar al-asad, the president of syria, must come to an end. he went on to say that a future syria would have to be united and inclusive. he talked about using sanctions and consequences to accomplish those goals. the bottom line here, the regime's future now facing numbered days. listen again. >> in syria, the future must not belong to a dictator who massacres its people. if there is a cause that cries out for protests in the world today, peaceful protest, is a regime that tortures children and shoots rockets at apartment buildings and we must remain engaged to insure what began with citizens demanding their rights does not end in a cycle of sectarian violence. >> reporter: the president called for a syria where

children will one day not fear, in his words again, their own government, and where all syrians will have a say in their future. jamie in? jamie: david lee miller live at the united nations with present to report today. david lee, thanks. jon? jon: there are a number of pressing foreign policy issues bedeviling this administration right now. the president touched on some of them in his speech. could they be decided factors for voters in november? how did the president do? with us for reaction, karl rove, a fox news contributor, former senior advisor and deputy chief of staff to president george w. bush. so what did you make of the president's speech? >> there were good parts of it. his talk, he talked about the necessity for democracy and tolerance throughout the world. about how he, the expansion of democracy would make for a more prosperous and peaceful society in the world. i thought it was strong, his denunsy ages of the assad regime in syria. he had strong words about iran.

we will do what we much. on the other hand he has been saying this about syria for more than a year without much apparent action on the part of the united states and i think the iranians have come to view the president as a weak leader and i'm not certain how terrified they are from the pledge of the president. the speech had a fundamental tension in it as problematic. he talked about an attack, an assault. said we need to speak honestly about the deeper causes of this and said, and then suggested it was the difficulties in moving along a path to democracy, about businesses can be opened without paying a bribe or freedom of speech. he said that this was, the tension between the west and the arab world moving to democracy. he laid a lot of responsibility for assault and murder of our ambassador. he refused to call it murder, assassination or terror attack on this video that has been widely described in the media but i'm not certain widely seen in the middle east. this thing is, i haven't been able to find it on the

internet. i suspect a lot of people demonstrating in cairo were not people with internet access. jon: i spent a lot of time tying the trouble in the middle east to the existence of this purported movie. >> right. look, here's the deal. we have what appears to be a terrorist attack on 9/11. he could not bring himself to say the middle east needs to confront the terrorist element within them. he made one reference to extremists. he tried to make it look like this thing rose from the necessary and normal tensions that would happen as arab countries made their way to democracy. that is not the case. this happened because terrorists who hate america and hate democracy were trying to attack america on highly symbolic day like 9/11. the president is right we need to speak about the causes. the cause this is islamic jihadism caused by emerging democracies in the middle east and must reject it.

jon: the first sitting president in two decades not to meet with other world leaders to come to town? >> he did meet with world leaders. he met with all the members of "the view" which have more important consequence to him than apparently meeting with leaders. jon: the campaign is more important than the job? >> absolutely. that is one of the things unfortunately become true about this. 9/11, our ambassador is murdered on the late at night on 9/11 in benghazi by a well-organized terrorist group. the president on the morning of the 12th, postpones a daily brief with the intelligence community in order to go to the state department. that is appropriate. rather than coming back from the state department, sitting down with director of national tell sense, cia. state department intelligence, national security agency, instead what he does he gets on a play to fly off to las vegas for a fund-raiser and campaign rally. i'm aghast that the president of the united states did not meet with the intelligence leadership on

attack after 9/11. who has what views on this, what do you need me to do? jon: part of the reason you're here you are a politics, period of time. americans typically don't vote foreign policy. is all of this going to hurt him? >> well, look, you're right the main focus is the economy, deficit, jobs prosperity, the affordable care act, these will dominate the landscape but i find this interesting. on 9/10, the day before this all happened, gallup was 50-44. excuse me this morning it is 48-46 in gallup. jon: 48% for the president and 46% for romney. >> in rasmussen was 48-45. now it is 47-46. there is a little bit of tightening. in august nbc "wall street journal" had the president's approval on foreign affairs is 54-40. the latest one is 49-46. the president has not come across as a strong leader on the world stage. he has come across as a politician. it was his own fault. imagine what happened on

9/12 i will not go to las vegas for campaign event. first time since 1979 an ambassador of the united states has been murdered i will sit down with intelligence agencies to meet and discuss what needs to be done to get back at jihadists and get people who did this and not only that, further damage the networks that brought that about. instead he got on airplane to give a rally at high school and collect a bunch of checks that is distinctly like a candidate. jon: in that las vegas speech suggested those who are out there campaigning for him were essentially working as hard as those who who work in the foreign service and even our troops. >> that's correct. jon: karl rove, good have you on. thank you, karl. >> thanks for having me. jon: jamie? jamie: thanks, jon. following both candidates after addressing the clinton global initiative this morning republican presidential nominee mitt romney heading back out on the campaign trail. joining running mate paul ryan in the battleground

state of ohio this afternoon. chief political correspondent carl cameron traveling with the governor live in new york city right now. carl, was it expected mitt romney would start the day on foreign policy? >> reporter: well, sure. clinton global initiative virtually guaranteed that. after the terror attacks in benghazi that left the u.s. ambassador dead the mr. romney was clear he would give additional foreign policy speeches in today's speech in front. cgi. we can expect him toe be particularly critical are president for what romney has said has been an inadequate assertion of american values overseas during this mounting violence across the middle east and north africa. this morning at this event with president clinton mr. romney joked about how nice it is occasionally to have introduction from bill clinton and suggested he will wait for the bounce. a reference to the one that president obama got after the democratic national convention insofar clinton's speech was the one best

received there. romney holding his partisan punches talked a lot about the world's problems. he says he has a plan to deal with u.s. foreign aid would in essence link it to trade and develop nations willing to open their markets there would be monetary and financial aid and assistance that would benefit them from the united states. an example of how top of the mind it is for this whole entire campaign and the candidate who hoped to focus on jobs and economy he did mention the world hot spots and the problems bedeviling the obama administration. here is just a sampling. >> a lot of americans, including myself, are developed, excuse me are troubled by developments in the middle east. syria has witnessed the killing of tens of thousands of people. the president of egypt is a member of the muslim brotherhood. our ambassador to libya was assassinated in a terrorist attack. iran is moving toward nuclear weapons capability. we somehow feel that we're at the mercy of events rather than shaping events. >> reporter: and mr. romney

has argued on the campaign trail for weeks now that with him as president the u.s. will once again return to shaping world events and spreading democracy and the american view rather than passively watching as violence erupts all over the world. jamie? jamie: carl, thanks so much, live here in new york city. jon: a decades-old murder case, jamie back in the spotlight. michael skakel is serving 20 years to life for the murder of a 14-year-old martha moxley back in 1975 in connecticut. he was convicted years after the killing. why skakel could get a chance at an early release. details on that coming up. plus, brand new details about the potentially deadly west nile virus. why the feds think the spread of the illness might be worse than they first believed. a live report after the break.

jamie: right now a manhunt in rural north carolina for a convicted killer who walked away from a work detail at minimum security prison on sunday. 51-year-old james ladd serving three life sentences for robbery and murders of two men. authorities using bloodhound and a helicopter are trying to track him down. both side wrapping up their arguments in the jeffrey macdonald hearing we're following in north carolina. the former army doctor and green beret convicted in 179 convicted of killing his pregnant wife and two daughters. he said testimony was never heard at the trial that will prove he did not kill his family. we'll keep you posted. kennedy cousin michael skakel gets a chance at freedom. he is serving 20 years to life for the murder of teenager martha moxley. that happened in 1979. skakel the nephew of ethel kennedy, goes before the

parole board next month. jon: new information on the deadly west nile outbreak impacting states across the country. government reports show the number of new cases rising despite efforts to contain mosquitos spreading the virus. more than a third of cases are being reported in texas. casey stiegel is live for us in dallas. casey, the numbers don't look good. >> reporter: jon, they don't. the number of infections continue to climb and a new death is reported here in dallas county just in the last week. the death toll continues to go up on this. really dallas has been considered the epicenter for this outbreak. take a look at the map and you can see all of the numbers that we're talking about from the centers for disease control and prevention. more than 3100 human cases now of west nile virus have been reported across the u.s. more than 1200 of those here in the lone star state. you can see mississippi, michigan, oklahoma, and louisiana are the top five states now with the highest

concentration of cases. 134 people have died in this country. 50 of those victims in texas, making this the deadliest west nile outbreak in u.s. history. the virus of course spread to humans who are bitten by infected mosquitos. the elderly and children are typically most at risk but with this particular outbreak doctors noticed something extremely alarming, jon. that is relatively healthy people in their 30s, 40s and 50s have contracted the virus. there is by the way no vaccine and no cure for west nile, jon. jon: so if young people are at risk that has to be real headache, a real fright for schools and universities and that kind of thing? >> reporter: which is why some of them are taking precautions. there is a school district in san antonio that sprayed its playground for mosquitoes. some athletic directors are limited outdoor activity like evening football practice, a time when mosquitos are most active.

texas a&m university down in college station, fogging parts of campus after infected mosquitos were found. we should tell you none of the 51,000 students at a&m have been infected but the health department does not want to take any chances. >> we have so much shrubbery, foleyage and what not and standing puddles of water, stagnant water. probably overall a good idea. >> that is a little scary but they're taking actions to get it taken care of. >> reporter: aside from spraying there at texas a&m, communities continue to have aerial spraying and ground spraying in some of the areas hardest hit by this epidemic, jon. jon: keep an eye for it on it for us, casey stiegel in dallas. jamie: all you space followers like me, big news literally out of this world as mars rover heads for a history making trip across the red planet. what it hopes to find. bob...

oh, hey alex. just picking up some, brochures, posters copies of my acceptance speech. great! it's always good to have a backup plan, in case i get hit by a meteor. wow, your hair looks great. didn't realize they did photoshop here. hey, good call on those mugs. can't let 'em see what you're drinking. you know, i'm glad we're both running a nice, clean race. no need to get nasty. here's your "honk if you had an affair with taylor" yard sign. looks good. [ male announcer ] fedex office. now save 50% on banners.

jamie: well, president obama is calling on the united nations just moments ago to take a closer look at the roots of muslim rage while condemning the killing of our ambassador and three other americans in libya. he defended the democratic principles of free speech but said very little justifies the murder of innocent civilians. nothing in fact. he didn't even mention the word terror in that whole conversation. let's take a look. joining us, michael sync, former director of middle east affairs at the national security council. also managing director at washington institute for near east policy. good to see you again, michael. thanks for being here today especially. >> hi, jamie. jamie: you had a chance to hear the speech, yes? >> i did, yes. jamie: something struck me in the speech that was surprise and that was the minutes of anti-islam or

considered anti-islam by some around the world movie. tying it, it sounded like to our first amendment right to speech. what do you think about that connection? was that was made? >> well, jamie, i think it is unfortunate that the video was mentioned at all frankly. i think we in the united states have the freest, most diverse country in the world. i think it is time we stopped being defensive about this video, especially when in recent days administration officials really moved off their message about the video and started talking about the attack in libya, especially being a premeditated terrorist attack. and i think again, there are so many problems in the middle east, jamie. syria, iran, what is happening in egypt and libya, we need to move away from talking about the video and start talking what we're doing about these problems. jamie: i'm not going to give it another minute of coverage, because if anything it may play one role in all of the unrest but there is certainly the anti-american sentiment around the world.

and the president said that we have hopes in common with the muslim world. that we should focus on that as well. what are those hopes? what do we have in common? >> well, jamie, i think there are people in the middle east who share our values. there are certainly countries in the middle east who share our interests but i think what we got in this speech was --. jamie: oh, michael sync, we'll be back with us if we can re-establish that. jon? jon: sometimes the satellite intervenes. jamie: you know what happened? jon: what? jamie: you're going to talk about the red planet and i think that the mars rover is such a ham when it comes to publicity that just knocked us out. jon: mars was the god of war and mars is angry. jamie: worth it though. check this out. jon: the mars rover, is on the move making its longest trip since landing on the red planet. mars road trip. curiosity is testing some of its gear sending its robotic arm to examine a large section of rock.

what is it hoping to find? rick folbaum is watching this from right here on good ol' earth in the newsroom. rick? >> reporter: scientists deny having anything to do with the satellite glitch in the michael sync report. we want to give your science geek viewers an update what is going on. you are among our most favorite viewers by the way so here's an update. nasa rover curiosity that landed early last month is making pretty big progress. curiosity using the robotic arm to touch a martian rock. first time that happened according to scientists. a laser on the end of this arm we're looking at in this picture zapped the rock and analyzed its composition. and then the rover took off on its longest drive, so far, 140 feet, which might not sound like a lot but this is taking place on mars, folks. of course the big work still lies ahead. the rover slowly but surely making its way to the foothills of a giant mountain, mount sharp. about six miles from where the roof very is right now.

there is belief there is evidence of water at the base of that mountain that water once existed there and perhaps that could mean life once existed there too. the rover could start making its way toward mount sharp by the end of the year. we'll keep you posted on the 2 1/2 billion dollar mission every step of the way. back to you, jon. jon: we should point out some of pictures we're showing are artist conceptions. very good animations but that is what it would look like if we had a camera. >> correct. jon: thank you, rick. jamie: rick got a fun assignment. jon: i love that stuff. jamie: let's talk about this. what is life like for the terrorist suspects after being released from guantanamo bay. they are treated in some places like rock stars. we have a live report on that, an important story. the president under fire from governor mitt romney after mr. obama refers to violence in the muslim world including the murder of four americans as quote, bumps in the road. a fair and balanced debate

on that next. stay with

♪ atmix of energies.ve the world needs a broader that's why we're supplying natural gas to generate cleaner electricity... that has around 50% fewer co2 emissions than coal. and it's also why, with our partner in brazil, shell is producing ethanol - a biofuel made from renewable sugarcane. >>a minute, mom! let's broaden the world's energy mix. let's go.

jon: president obama facing criticism over his recent comments about violence across the muslim world. in an interview with cbs's "60 minutes" president obama referred to the unrest as quote, bumps in the road. words governor mitt romney seized on during a campaign stop in colorado yesterday. listen. >> he said that the developments in the middle east are bumps in the road. yeah, that was my reaction.

bumps in road? we had an ambassador assassinated. we had a muslim brotherhood elect, member elected to the presidency of egypt. 20,000 people have been killed in syria. we have tumult in pakistan. and of course iran is that much closer to having the capacity to build a nuclear weapon. these are not bumps in the road. these are human lives. these are developments we do not want to see. jon: joining us now for a fair and balanced debate about all this, nancy pfotenhauer, president of media speaks strategies and former senior policy advisor for john mccain's campaign in 2008. chris comean has, former chief of staff to west virgina senator joe manchin. chris, this president is known for his or tore call skills. he is former law professor. he is a guy who knows the meaning of the words and to say we have had bumps in the road after four americans were killed, isn't that a major misstep? >> well, i mean, listen in

fairness to the president what he was saying and when you listen to his words, in particular i think when you listen to his speech today at the united nations he was talking about in the larger context of challenges the country has faced. i know the republicans want to fixate on any potential gaffe to turn around their campaign but this notion somehow you will present or make the president look cold and callous is just not going to happen. the american people are not going to buy that and it is not something that fits into any kind of narrative who the president is. so, listen, i understand this is the game of politics. happens on both side and that's fair but this is not one lane of attack that is going to work. jon: well, all right. nancy, mitt romney was so criticized in the media for coming out on the night the ambassador was killed and criticizing the administration's response to all of this. and yet this thing doesn't seem to be gaining any traction, why not? >> it's bizarre to me because obviously the president and his

administration and his campaign have so much invested in the narrative somehow the global war on terrorism is over that they are willing to discount and seemed to downplay the shocking and tragic events we have seen. i think what played out over the last week or two and particularly was noticeable yesterday or within the last 48 hours that mitt romney was right in his characterization what had happened. let's look at the case. we had the embassy in cairo storme the u.s. flag taken down and al qaeda's flag put in its place. we had a u.s. ambassador, two former navy seals and a former us air forstmann who was kidnapped and assassinated of the this is the type of thing that demands outrage and a strong response on the part of our commander-in-chief. and his, and his reaction has just been very, very off. jon: chris, karl rove pointed out earlier, you know, that the day after all

of this happened the president got on the plane and flew out to las vegas and held a campaign fund-raiser. it just seems like there is some political tone deafness to what is going on in the middle east? >> well, i mean, first let me correct one thing. in terms of what nancy just said in terms of governor romney. the reason why he got criticized because he said the president and the administration had apologized for certain things that had happened in the middle east. that was not true. jon: they were, the administration was apparently putting out or at least tolerating these tweets put out by the egyptian embassy, our embassy in egypt who were saying, we apologize for this film. that kind of thing. >> statement that is the administration disavowed and said they did not authorize. putting that aside, to answer your question, i mean here's, listen, i don't like to give strategic advice to republicans but i'm going to give it because this is starting to become a bit of comedy of errors.

if governor romney and republicans, i like karl rove and he is a smart guy to say the least, if anyone believes you will win this election talking about foreign policy over next 42 days they are on drugs. you will lose this election. you can not win this because it is not something the american people will buy. one, not one of their top issues and they will not believe the president is weak on foreign policy and national security after he killed bin laden. it is not going to happen. jon: but what about, i mean, nancy, bin laden, yes is dead as the president will remind you over and over again, but if this was an al qaeda offshoot group that killed our ambassador, it suggests that al qaeda is very much alive. >> on the anniversary of the worst terrorist attack this country ever, ever suffered through. it was done on 9/11 and they appeared to buy the, the opponent's line that it was based on a video, rather than it was orchestrated, even though the libyan government said they had clearly warned our government that the threats were increased and the state department increased their

threat level. now i will agree with chris on the fact that the economy is the major issue in this election. and i embrace and i think governor romney embraces every opportunity to talk about this but as president obama so memmably said in 2008, presidents have to be able to walk and chew gum. at the same time. we better be able to talk about foreign policy in a realistic sense at the same time that we talk about the dismal economic record that this country has lived through for the last four years. jon: nancy pfotenhauer and chris kofinis. good discussion. thank you both. >> thank you. >> thank you. jamie: we want you to just take a look at what's happening on the campaign trail today. of course the president giving his speech here and governor romney and congressman ryan also campaigning. we're monitoring all the remarks which are streaming live right now on foxnews.com. you can take a look at that. the town hall in ohio going on at the moment. any news to come out of these we will bring you.

again you can watch it at foxnews.com. live. right there. meanwhile, back to our story. dozens of people are dead and many more missing as massive floods have triggered deadly landslides the pictures of these, jon, are unbelievable. more than a million people are forced to run from their homes. a live report. jon: also u.s. drone strikes, taking out a number of high-profile terrorists, suspected of plotting against u.s. and our western allies. so why is the american civil liberties union suing the government over the drone program? judge andrew napolitano weighs in next. 4g lte has the fastest speeds.

so let's talk about coverage. based on this chart, who would you choose ? wow. you guys take a minute. zon, hands down. i'm going to show you guys another chart. pretty obvious. i don't think color matters. pretty obvious. what'sretty obvious about it ? that verizon has the coverage. verizon. verizon. we're going to go to another chart. it doesn't really matter how you present it. it doesn't matter how you present it. verizon. more 4g lte coverage than all other networks combined. jon: fox news alert and republican vice-presidential candidate paul ryan is in cincinnati right now. i believe that is senator rand paul who has his back to the camera. he is introducing paul ryan.

paul ryan about to take the microphone. let's listen in for just a moment. >> the next vice president of the united states, paul ryan. [applause] >> really appreciate it, man. thank you senator rand paul. man, what a guy. i appreciate your principled stand and your leadership, rand. i also know my friend steve chabot is hear some somewhere. steve is one good principled member of congress. send him back so he can help us clean up this mess in washington. where is he? there he is. hey, steve. first off i want to thank burke buyers and buyers steel. thank you for hosting us this morning. thank you for all the work you've done to make this possible. [applause] thank you everybody, for taking the time, for coming out in the rain. have a seat. let's have a conversation, okay?

you got seats. let's use them. i got to start off on a, something that was really troubling that occurred last night. did you guys watch that packer game last night? i mean, give me a break. it is time to get the real refs. and you know what? it reminds me of president obama and the economy. if you can't get it right, it is time to get out. [applause] i have to think that these refs were part-time from the obama administration and the budget office. they see the national debt clock staring them in the face. they see a debt crisis. and they ignore and pretend it didn't even happen. they're trying to pick the winners and losers and they don't even do that very well. look, we have a big choice to make. this is not an ordinary time.

it is not an ordinary election. we're not simply choosing who is going to be the next president for four more years. we are choosing what kind of country is america going to be for a generation. [applause] that's the kind of choice we have in front of us. and i'll say this. we're here in a fourth generation family business. we are here in a building that creates jobs, that promotes work. that struggles in global economy. we are here in a place that is the embodiment of the american idea. [applause] families passing businesses down. creating job security and workers and here's the thing. the american sim of freedom

and free enterprise has done more to help the poor, more to produce opportunity and prosperity and job security than any other economic system ever designed. we don't want to replace it. we want to revitalize it. we want to revive it. we want to renew it. let's never forget that. [applause] you know, when you take a look at the choice in front of us it becomes pretty darn clear. the president inherited a difficult situation when he came into office. that's obvious. that's clear. the problem is he hasn't made things better. when he said, if we can just go borrow about $831 billion and spend knit washington, mostly on special interest groups and cronies like solyndra, they promised unemployment would never get above 8%. 2 has been above 8% for 43

months. we have 23 million americans struggling to find work today. 15% of americans are living in poverty today. that is the highest rate in a generation. we have problems and they're getting worse. here is what leaders are eebb ared to do. if you see a problem, solve the problem. don't blame other people. get in there and use your principles, be honest with people about the problems facing this country and do something about it. [applause] that is not the kind of leadership we've got right now. this is the time where the man and the moment meet so well. mitt romney is the kind of man whose life and his experiences show you, this is a man who takes challenges, who fixes problems. a person of achievement. a person who turned around the olympics when it was going down the tubes when his country asked him to.

a person who is successful businessman. you know what? that is a good thing by the way, being successful in business. [applause] being successful in society. we don't resent that. we don't envy that. we want more of that. that is a good thing in this country. [applause] he's the kind of man that when he was governor, this is a republican governor of a very democratic state, 87% of the ledge regulators in his legislature was democrats. did he blame other people? did he demean and demagogue democrats? did he point fingers? no. he fixed problems. he reached across the aisle. he got things done. he didn't compromise principle and ended up balancing the budget without ever raising taxes. credit rating went up. unemployment went down. household income rose. leadership. [applause] most of our jobs in this country come from successful

small businesses. most of our jobs in this country come from businesses like this. 65% of our net new jobs, they don't come from the big giant corporations. they come from these kinds of businesses and when these businesses look at the climate today, look at the world today, what do they see? they see a federal government on a regulatory binge where they have no idea what the next regulation is going to cost them. they see a president guarantying that businesses like this have a big tax increase in january. they see an energy policy that is hostile toward american energy production. they see a borrowing and spending binge in washington with no end in sight. they see a debased currency. they see the threat of higher interest rates. they see a future of doubt. and that is why we have this cloud over our economy.

our economy is not fundamentally flawed because the american people know how to grow the economy and create jobs. the leadership in washington is fundamentally flawed. when we fix the leadership in washington, we can get this economy growing again. [applause] jon: paul ryan, the vice presidential candidate on the republican side speaking in the cincinnati at the byers steel corporation, a family owned company. you can watch his remarks if you like to catch the rest of them we have them streaming live on foxnews.com. "happening now" will return in a moment.

jamie: welcome back, everybody. back in 2010 the american civil liberties union petitioned washington under the freedom of information act which allows to you get documents.

these though were classified and they were about a drone program that our government rarely admits even exists. judge andrew napolitano, fox news senior judicial analyst joining me right now. judge, you have to balance of course the right to look at government documents and our own national security. so what do you think about what the aclu is trying to do? >> well i would take issue with the word balance. i would argue there should be a bias in favor of transparency, in favor of people knowing what the government's doing. and every conceivable presumption or benefit of the doubt or argument should be in favor of the people knowing what their government is doing. only if the government can show that our safety and our freedom will be harmed if it reveals what it is doing should secrecy trump transparency. so i agree with it the aclu. we have gone from a program, we're talking about the president on his own sending drones to kill people, in several cases americans overseas. we've gone from the

government denying this program existed, to the president acknowledging that he and some of his advisors and occasionally his campaign manager sit down in the white house and decide who the target is going to be. they believe somehow, from some source other than the constitution he has the power to do this. in my view it is profoundly unlawful. it is unconstitutional and the more we know about it, the more voters can make an informed judgment as to whether they want a president who kills people and claims he can get away with it it. jamie: the aclu is asking for a specific ruling on legal justification for a program like this. is there any legal justification historically? >> in my view there is not. if the president wants to kill people in a foreign country, whether they're from the government or not, because he believes that they are about to pose an imminent harm to us, the only lawful basis which you can do so, he has to ask for congress's permission to do that. but i tell you what the government will do.

the government will say this involves national security secrets and we can't even tell you what the justification is even though the program is out there, and the president has acknowledged it and some of the people who have attended these kill sessions where they decide who to kill have talked to the press about it. jamie: do you think some release of information is better than none? >> yes. i do. i do. you know, americans have the right to know what their government is doing in their name, to their constitution and with their resources. the more we know, the better we can decide whether we want to keep the government or change it. jamie: i'm torn on this one but we'll report. we'll let folks decide because our safety and security, especially in these troubling times seems paramount. tough call. >> i say our freedom is paramount. we'll talk about this all our life. jamie: you're paramount. nation for weighing in today. an interesting case. jon, back to you. jon: jamie, while america faces serious military budget cuts china is building up its forces. it is just testing stealth fighter jets and now, including its first

operational aircraft carrier. should the u.s. be concerned with what china is up to? adam housley live straight ahead.

jamie: fox news alert for you now, pram ooh -- president obama's issued a challenge to world leaders at the united nations and also a warning to iran. welcome to the second hour of "happening now," i'm jim may colby -- jamie colby in for jenna lee. jon: i'm jon scott. president obama's foreign policy taking center stage right now. the president urging leaders gatt earth for the -- gathered to address the root problems of rage across the muslim world and then warning iran about its nuclear ambitions saying time to reach a peaceful solution is running out but stopping short of israel's call for a clear red line that would trigger military action against iran. and shadowing every word today, campaign politics. a new nationwide poll from the

pew research center has some bad news for both parties. just over half of likely voters are satisfied with the presidential choices this year compared with 72% of voters who were satisfied in 2008. meanwhile, despite some awkward campaign gaffes by president obama, the mainstream news media appear to be glossing over statements that might normally be considered fumbles. new york post saying today that thanks to the liberal media, the president doesn't need teflon. quote: you'd think the lockstep media would enjoy having a couple of new gaffes to feed on, but that would presume they have a role other than the one they've implicitly assigned to themselves which is to get obama reelected. let's talk about it with bill kristol, the editor of "the weekly standard" and a fox news contributor. one of the so-called gaffes that wasn't that he was pointing to there was when the president came out and said we've had bumps in the road to "60 minutes," referring to the

deaths of our ambassador and the three other americans in libya. what do you think of the way the media has treated it, bill? >> well, look, a lot of the media would like president obama to inwith, and even if they're -- to win, and they understand his side of the argument when he says something awkward or inappropriate, and they don't understand mitt romney's side of the argument when he makes a mistake. honestly, conservatives are being too obsess i have about individual sentences president obama says. voters are going to make up their mind on his four years of his record and what mitt romney eastern is. and the romney campaign, i think, falls in the trap of becoming sort of a speech creator of obama, you know? people like us should do that, it's perfectly appropriate, but as a political matter, people are going to make up their mind on the policies. obama speaks pretty well as a president, he makes some mistakes, other presidents have made plenty of mistakes. the liberals spent eight years thinking, hey, ronald reagan said something kind of wacky, that'll destroy his presidency,

it didn't. my advice to the romney campaign, we should write blogposts and say, hey, can you believe obama said that? the romney campaign needs to criticize president obama's policies and say what they would do instead. jon: so you're saying that they need to be more forward looking instead of looking in the rearview mirror every week? >> yes. i think if you look at the polls in detail, if you look at the inside, some of the questions, people aren't happy with the way the country is, but they're not similarly willing to say -- simply willing to say things are so horrible that whoever replaces him is going to be better. and people still blame president bush for the meltdown, so romney has a task, more subtle, complicated and challenging task, really, than i think his own campaign thought. they thought don't make mistakes, be acceptable, we'll win. it's not proving to be that simple which means that the romney campaign has a bigger challenge of making a positive change for their ayen da.

i think they can do it, but they need to decide to do it. jon: president obama seems to be trying to do anything to avoid stirring up the waves. chris stirewalt in his column today on foxnews.com says of the president's refusal to meet with benjamin netanyahu, he says rather than face the political dangers of meeting with his long-time jousting partner, obama has opted to become the first u.s. president in two decades not to hold any meetings with world leaders during the u.n. annual general assembly meeting, afraid of further irritating jewish voters and donors by shunning netanyahu but meeting with another leader, obama decided to duck. do you see it that way? >> sure. i would say it's not just jewish voters, in fact, not primarily jewish voters. american christians, americans in general are very pro-israel. but, look, he's running for re-election, he's playing small ball because small ball works

for him. we can sit here and complain about it, but he's made a strategic calculation, and i think it's a sensible calculation from this point of view. if we have a big debate on his conduct of the economy or foreign policy, i think he will lose. if we have a very small ball debate where the romney campaign spends two days criticizing president obama for not having the following six meetings and what about the sentences he said, obama thinks he can ride that to a narrow but clear victory. i think he's probably right. so i think the key is to mange the big -- make the bigger arguments against president obama. jon: you were a big advocate for the candidate service of paul ryan -- candidacy of paul ryan before he became mitt romney's vice presidential choice. has he brought the kind of gravitas to the ticket and some of these issues to the fore that you were hoping for? >> yeah, i think so. look, in the two-and-a-half weeks after ryan was picked, the romney/ryan ticket narrowed the gap from about four points to one point. it's opened up again to close to

four points because i think at the convention and afterwards the romney campaign has lapsed into a kind of pre-ryan campaign. i think ryan's clarity about the choice ahead is helpful, his criticism of the replacement rests this morning is extremely important, and they should win wisconsin. i was thinking about that, don't you think paul ryan should just go back to wisconsin, make it clear they would not make it tolerable for refs stealing games from the packers? [laughter] that's more important. seriously, i think ryan's done a good job. i wish the romney/ryan campaign had a little more of the spirit of ryan, and not just ryan, scott walker, chris christie, bobby jindal. we have a big choice ahead, i think romney needs to make that clear. jon: bill kristol, thanks. >> hey, thanks. jamie: right now presidential politics and governor mitt romney wrapping up his stay in new york city after addressing the clinton global initiative. later, the governor's heading to battleground state of ohio, home to 18 electoral votes, an

all-important state. he's going to meet up with his running mate, paul ryan, at the gathering of global leaders, though, the governor touched on a central theme of their campaign. >> free enterprise, as we know, has done more to bless humanity than any other economic system. not only because it's the only system that creates a prosperous middle class, but also because it's the only system where the individual enjoys the freedom to guide and build his or her life. free enterprise cannot only make us better off financially, it can make us better people. jamie: senior national correspondent john roberts is in ohio where the republican candidates will soon meet up, and they're going to work that state hard, huh, john? >> reporter: yeah. good afternoon to you, jamie. first time in a little while that romney and ryan are actually together here trying to rekindle some of that energy that they got right after ryan was announced as the running mate. but here in ohio governor romney

is going to expand his broad sides against president obama, go beyond the economy and jobs, try to keep the president on defense and be more than a one-note johnny on the economy as bill kristol accused him of being sometime ago. here in ohio he's going to contrast his programs with trade and what he would do to use trade to create jobs with those of president obama and continue to hit him on foreign policy, specifically the bumps in the road comment that the president made on "60 minutes." this morning at the clinton global initiative, governor romney went about as far as he could in that particular forum to imply criticism of president obama. >> syria has witnessed the illkilling of tens of thousands of people. the president of egypt is a member of the muslim brotherhood. our ambassador to libya was assassinated in a terrorist attack. iran is moving toward nuclear weapons capability. we somehow feel that we're at the mercy of events rather than shaping events. >> reporter: and on the subject of foreign aid, governor romney said he would try to

shape events in the world by using foreign aid as a hand up to promote free enterprise around the world. jamie: one that it sounds like would go back and forth and benefit everybody. interesting angle. let me ask you about the attacks. obviously, both running mates are after each other. is romney getting backup for his attacks from his running mate? >> reporter: oh, getting a lot of backup from his running mate, paul ryan, who was in lima, ohio, for you fans of "glee". he's in cincinnati taking on the replacement referees from last night's game, but he's also taking on the obama administration on foreign policy drawing contrasts or comparisons, rather, between the obama administration and the waiting years of the carter administration. listen to this. >> turn on the tv, and it reminds you of 1979 tehran, but they're burning our flags in capitals all around the world. they're storming our embassies. we've lost four of our diplomats.

and what is the signal that our government is sending the rest of the world? >> reporter: and you go to hear a lot of that for the rest of the week, too, as they are on the road together and apart. ryan also has some fundraisers to go to this evening, they're still trying to cut down the number of fundraisers they're doing and increase the number of campaign events. here in ohio it's difficult to see a path to victory for governor romney unless he gets the 18 electoral votes here, and some still feel he's being inconsistent in terms of his attacks against the president. he still needs to do a better job, according to some republicans i've talked to, at differentiating himself from the president and give people more of a reason to vote for him as opposed to just against president obama. jamie? jamie: interesting perspective, john. thanks so much for the report. >> reporter: thank you. jon: now a fox news alert and five terror suspects including this radical preacher are to be extradited from britain to the u.s. within weeks. the long-awaited move following a final ruling from the european court of human rights.

amy kellogg has details live from london. amy? >> reporter: hi, jon. well, you would think extraditing five people from the u.k. to the u.s., people accused of very serious crimes, would be a straightforward move, but the european court of human rights needed to decide, jon, that these people would not be subjected to inhumane or degrading treatment if they were returned or sent to the united states. now, if you've trolled the blogs in this country, you will not find any sympathy for the five accused, particularly the most notorious, al-masri, often called the preacher of hate for his venomous sermons. people here finding the man who lived in this country on welfare with a large family to have views anathema to the british way of life. he is wanted in the united states for three main things; providing logistics and financial support to the taliban, involvement in a hostage-taking in yemen in which several hostages were killed,

and he's also accused of trying to set up an al-qaeda training camp in oregon. the other four are accused of various crimes, two of involvement in deadly attacks on u.s. embassies in kenya and tanzania, and two of advocating terror on the web. now, jon, the bbc reported earlier today that one of it reporters had had a conversation with the queen many years back before one suspect was in jail in which she expressed concern that this man was at large while inciting hatred against british subjects. the bbc then had to retract that story because it was really violating, in a sense, a private conversation between her majesty, the queen, and a reporter. however, it is widely said, jon, that that sentiment does reflect a lot of the popular opinion here in the united kingdom. now, as you mentioned, these five could be on planes back to the united states within a matter of weeks if there aren't any last minute plot twists. it is believed that they, if

convicted or while they're being held, will serve time at a maximum security facility in florence, colorado, often called the alcatraz of the rockies. except for one because of his physical disabilities, he'll have to go somewhere else, most likely. jon: i know the justice department has been after guy for a long time in this country. amy kellogg, thanks. jamie: americans will go to the polls, jon, just 42 days to choose our next president, but what about the control of congress? that also hangs in the balance. and speaking of the balance of power, larry sabato will be here as he looks in his crystal ball and tells us what he sees. jon: plus, it's not only the pros, a football team for youngsters accused of running a bounty system to hurt opposing players. rick folbaum will be along with that next. jamie: seriously, jon? oh, my. dozens of homes destroyed as wild weather fuels raging

frames. where fire crews are working around the clock and who else will have to evacuate. insulin users test often.

freestyle lite can help you test easy.

they need a third the blood of onetouch ultra. zipwik tabs target the blood and pull it in. call now for free strips and a meter.

jon: now a fox news alert and high winds near campo, california, threatening to fuel an already-raging wildfire. nearly 1,000 firefighters are out there on the front lines. entire communities evacuated as winds blew flames across 2400 feet of desert. while most people did escape, one man was not so lucky. >> it's with great sorrow that we found today that a man passed away during the fire. we don't know the cause at this point of death although his body was found in his structure this

afternoon after learning earlier the morning that he was missing. some of his neighbors were concerned that they hadn't seen him and that maybe he had not left his home. jon: that man now identified as an 82-year-old resident. no word yet on how this fire began. jamie: as we said, right now it's the white house, and it's at stake 42 days from now, but control of congress is up for grabs, too, including every single house seat. republicans have a majority in the house, as you know, and dell accurates would -- democrats would need to pick up 25 seats to gain control of a chamber they lost two years ago. here with his crystal ball on that, director of the center for politics at the university of virginia, larry sabato. great to see you. >> thank you. you sneak in thinking you want. jamie: all right. well, you sneak in your crystal ball because it's pretty darn accurate. what do you see where the house

is concerned, because democrats say, we got it. >> well, we don't see it. in fact, surprisingly little has changed on the house level, even in the private tracking polls that are being done by some of the campaigns. a lot's happening in the presidential race, there are quite a few things happening in probably eight senate races, but on the house side we really don't see anything outside of single-digit gains for democrats. they need 25 seats. they have to pick up an additional 25 seats because of redistricting, they really need an additional 30-35 seats. i just don't see how they get 'em even if president obama ends up winning the white house by a substantial margin. i'm not predicting that, but i'm saying if it goes in that direction, could they possibly pick up these additional seats? anything's possible, but we don't really see how. we do this district by district. jamie: right. and what would they need to do? what would they need to do, larry, as they go back to their

districts to take seats back that they lost? >> oh, i don't think it's as up to the individual candidates as it would be up to president obama to run up the score. if he got a high percentage on november 6th, and, again, i'm not predicting that, i'm saying if he got a high percentage on november 6th, i suppose his coattails could bring in some unexpected victories for democrats. but let's remember, historically those second-term victories by presidents, if they happen, do not necessarily bring in, have long coattails attached. jamie: interesting. >> there are plenty of second-term presidents who have had coittailless elections, like reagan, nixon and so on. jamie: let me get to the senate. what does your crystal ball say there? can republicans take it back? >> it's getting tougher. it's possible. if they do, it will be by the narrowest of margins. the republicans have had some

real reversals in the senate, not least todd akin in missouri who appears to be staying in the race, possibly costing the republicans a senate seat. jamie: voters gearing up to place their vote on all of this. thank you so much, larry, always good to have you on. >> thank you. thanks a lot. jamie: jon? jon: folks in ohio have the football hall of fame, the rock and roll hall of fame as well, but their other claim to fame, they have picked the winner of the presidential race for more than half a century. we'll break down the buckeye battle between president obama and governor romney. and the bountygate scandal rocking the nfl. players rewarded for hurting opponents, putting them out of the game. now a bounty scandal among little kids, 10 and 11 years old. parents are outraged. rick folbaum with the whole story next.

jamie: profootball hit with a huge scandal earlier this year when saints were putting bounties on opposing players for injuries. could the same thing be happening in pee wee football? >> these are the kind of charges that led the nfl to punish the new orleans saints. it's absolutely shocking that it may be going on in pop warner lesion where players are ten or eleven years old. that is what a former pop warner coach is saying alleging that bounties were offered to kids in a southern california league, rewards for hits against opposing kids that knocked them out of the game. 20 to 50 bucks a hit. the story was broken in the orange county register newspaper which interviewed the former coach. the league investigated the charges and said that it found no evidence of a bounty program. so no charges, and the dad of one of the young players says

that he thinks the charges are ludicrous. >> if there was any truth to this. or if i even had a hint of it, there is no way my child would play on this team. >> those who denied the bounty program say that the charges are coming from a disgruntled former coach, but another parent says this his son pulled out a crisp $20 bill after one game that he said he had got even for making a big tackle. back to you. jamie: i don't like it, rick. >> reporter: not one bit. jamie: that you can to you soon. jon. jon: we are your election headquarters here at fox news channel and we're taking a closer look at the states that could make-or-break this very close race for the white house. today ohio, arguably the most important battleground of them all, folks there picking the winner in every presidential election since 1960. jfk was the last person to lose ohio but go on to win the white house. let's take a look at it. ohio has 18 he electoral votes,

not the biggest number of any state but very important, 18 of them in ohio and both of these campaigns are fighting hard for them. in terms of the economy, i should say in terms of the economy, unemployment in ohio 7.2%, they are actually doing better in ohio than much of the rest of the nation. the number of visits you can see how important this state is to both of these campaigns. the president has been there six times since april. mitt romney has been there eight times since april. he will go back there today. this will be his ninth visit. as you you saw a moment ago on "happening now" paul ryan his running mate is there today as well. in terms of the polls, the "real clear politics" average shows president obama has 48.7% of the vote right now in ohio, mitt romney 44.3. steven koff is the washington bureau cheap for the cleveland

newspaper. republicans essentially have to win ohio and mitt romney is no exception, right? >> yeah, it's been that way forever, and the come knee campaign knows it. they are spending three days there this week. every week i think we'll see them there every week until the election. >> some have suggested that under a republican governor the ohio economy has come back and in a weird way that sort of hurts the romney campaign, because the economy, the unemployment rate and so forth is better in ohio than it is nationally. >> yeah, it's a strange juxtaposition of facts. you've got a ohio unemployment rate of about 7.2%, the national at 8.1. who gets credit? that continues to be debated and discussed a lot. what is interesting is if you look at a brand-new poll today from the "washington post" it seems as if obama gets a little more credit from ohio citizens than the governor does, which is a little bit odd.

jon: at the same time you have paul ryan who went to college in ohio, he's been making some college campus appearances today. we are taking a look at him live right now, he's at a steel company at the moment. he's a fairly young candidate. he graduated from an ohio school. could he swing some of the young voters who broke big for president obama last time around? >> i don't hear him making that pitch right now, outside of his alma mater, outside of miami university, which is in a traditionally republican area anyway, butler county, that is john boehner country up there. but otherwise no i think obama is actually working the college campuses a little bit more, in fact he'll be at two college campuses tomorrow. jon: president obama said that his most notable accomplishment of his term thus far was healthcare reform. is he talking about that in ohio? >> he's talking about that, but you're hearing less and less about that, you're hearing more about trade this week and last week a whole lot about trade actually from both campaigns

you're hearing about the economy. healthcare it used to be popular according to the polls, which is a bit of a change from a year ago. ohio citizens accept that it's here, they'll accept it, go with it, this doesn't seem to be an election that is a referendum on obamacare. jon: we saw as we started this segment the president up about 4 points in ohio, but it has been fluid. this race has gone up and down and been razor close at somesome point. it could be that way again, right? >> it could be that way. it's been close the last couple of elections. a 4 point average factors in a couple of polls from a week or so ago that were a little bit fight tighter than a week or so ago. our newspaper and other ohio newspapers had polls over the weekend. we had it at five points. another newspaper had it at 8 points. both of those you could see it swing up and down and it could be pretty close regard leafs a 5 or 8 point poll at this point. jon: the fox news poll has the

president up by seven in ohio. there is a bit of a spread. thank you very much. steven koff from the cleveland plain dealer. jamie: most americans are following the polls. some show president obama with a leave. others show the race for the white house dead even. how reliable are polls, we'll take look at the science behind them so you can better understand them. going up in a number of subways in new york city there are posters using controversial language so inflammatory we will not show it to you. it does blast israel's enemies. is it protected speech or not? our legal panel debates, next. >> there is no justification for violence, not in anyway, shape or form. agree with me, debate me, i'm game. [ mother ] you can't leave the table

till you finish your vegetables. clock ticking ] [ male announcer ] there's a better way... v8 v-fusion. vegetable nutrition they need, fruit taste they love. could've had a v8...

i've got a nice long life ahead. big plans. so when i found out medicare doesn't pay all my medical expenses, i looked at my options. then i got a medicare supplement insurance plan. [ male announcer ] if you're eligible for medicare, you may know it only covers about 80% of your part b medical expenses. the rest is up to you. call now and find out about an aarp medicare supplement insurance plan, insured by unitedhealthcare insurance company. like all standardized medicare supplement plans, it helps pick up some of what medicare doesn't pay. and could save you thousands in out-of-pocket costs.

to me, relationships matter. i've been with my doctor for 12 years. now i know i'll be able to stick with him. [ male announcer ] with these types of plans, you'll be able to visit any doctor or hospital that accepts medicare patients. plus, there are no networks, and you never need a referral to see a specialist. so don't wait. call now and request this free decision guide to help you better understand medicare... and which aarp medicare supplement plan might be best for you. there's a wide range to choose from. we love to travel -- and there's so much more to see. so we found a plan that can travel with us. anywhere in the country. [ male announcer ] join the millions of people who have already enrolled in the only medicare supplement insurance plans endorsed by aarp, an organization serving the needs of people 50 and over for generations. remember, all medicare supplement insurance plans help cover what medicare doesn't pay.

and could save you thousands a year in out-of-pocket costs. call now to request your free decision guide. and learn more about the kinds of plans that will be here for you now -- and down the road. i have a lifetime of experience. so i know how important that is. jon: fox news alert. there is a meeting underway right now in new york, the clinton global initiative founded by former president clinton and the current president is there now. mitt romney was speaking there earlier this morning. we are going to monitor president obama's comments, if he makes news we'll bring it to you. if you would like to watch it we've got it for you streaming live on foxnews.com. election day six weeks from today, 42 days. you can hardly go a day without seeing several new polls, sofr them showing very different results. with all this data out there how

do you know who is really leading in this race? shannon bream tries to break it down for you. she is live in washington. shannon. >> well, jon i reached out to pollsters across the spectrum and they uniformly told me that polls in the month of september are notoriously volatile. expect to see movement in the polls as we get closer to election day. they say polls capture a single moment in time they don't predict the future. >> polls are a snapshot. the democratic advantage reflects some short-term force thaes have been favorable to the democrats and president. as a pollster you just assume that, you know, that reflects the reality as of september 25th. let's see what it is next week. let's see what it is the week after that. >> many romney supporters have argued they think current polls are skewed against them because many of them are reporting a higher participation or sampling rate by democrats. but the experts tell me that is not unusual, some pollsters do

try to correct for or adjust for that. others say if the rest of the demographics in the sample match what we know about the u.s. population, for instance, gender, race and household income they do not adjust based upon what the respondent tells them about party reference. polls a donors and volunteers about how excited they are about showing up and giving their money to a particular candidate. >> it terms what the tone of the news coverage is. is it a close race, or as the mainstream media is constantly trying to, in my opinion to orchestrate, obama is inevitable, he's on the offensive, he's gaining ground,er has this thing wrapped up. >> as to all the debates will impact the numbers all the pollsters say the debates really do not move the numbers in the polling unless one of the contenders commits a major gaffe. jon: shannon bream in washington making a little bit of sense of

all those polling numbers out there. thanks. shannon. jamie: let's see if we can make some sense of this. jon. new york city police have had to step up patrols after subway ads that used some words describing israel's enemies go up in some of the most heavy traveled areas in the big apple. new york's transit authority actually tried to block the ads in federal court, but a court order forced their hands. the pro-israel group behind the controversial campaign right here. >> i am saying jihad, anyone who says that this ad is among all muslims in my opinion is a through muslim tpoeb. >> it seems new yorkers of all stripes blasting the ads. >> i think sensitivities around the subways, considering that was one of the targets considered by other terror groups in the past here in here in the city is a bad idea.

>> it's a terrible idea. it's going to spark controversy when you deem one side safe shrapblgs and one side civilized. >> let's bring in our panel. lis wiehl fox news ana analyst. and doug burns. and we'll talk about free speech or not. you first, doug, how far does free speech go. >> you have free speech and exception exceptions to free speech. the most no, sirrable exceptions are one, incitement and two fighting words. incitement is something that would incite or advocate specifically using violence against the government, fighting words are something that would cause, and this is the problem here, immediate violence. so the reality is we have two discussions here, one do you like this ad, do you think it should be up? i, myself, a don't like it and b don't think it should be up but legally a judge in the southern

district ruled that the mta's language was unconstitutional and it's protected free speech and legally i agree with that. >> as you just said though fighting words, inciting violence. we can't talk about exactly what was said in the ads but it definitely could incite vie hrefpblts yo violence. you can't go into a crowded theater and yell fire. there are exceptions to the first amendment. we agree that we both hate the message. >> absolutely. >> it's absolutely wrong but it goes beyond that to when you go and you tell people to do things -- jamie: fighting words, fighting words, exactly. >> that is an exception to the first amendment. >> we talked about this earlier. the mta -- pamela geller turned around and said wait a minute that is completely unfair. >> that is the woman behind this? she came forward with this message. the mta turned around and said this would impugn a particular

group batesed on their origin et cetera. jamie: >> i'm not worried about the mta, i'm worried about the law, are you inciting violence, are you using fighting words to get people to go out there and fight on the street. jamie: is it only fighting? i have a problem writing the subway with my child when i see ads come on down this this club and see the girls. that's first amendment that is covered by the first amendment. you shield your daughter's eyes, i get that. >> you talking about the outer parameters of inch san obscenity, which is another thing. the old joke, i can't define it, but i know it when i see it. fighting words mustin must be immediate violence. jamie: a bunch of people are sandwiched on a subway. >> you know that mta is now bringing on more cops, they must think that it's going to incite

violence. jamie: there is a concern. >> i'm going to call you up three days from now and after they are up for three days and there is no violence hopefully -- jamie: they are only up for a short period of time. some people are concerned, some aren't. we wanted to take a look at it in free speech and thanks so much. >> my pleasure. jon: iran's military rattling its sabres once again as mahmoud ahmadinejad defend his nuclear program and describes israel as an n an annoyance that, quote, can be eliminated. i'm a marathon runner,

in absolute perfect physical condition and i had a heart attack right out of the clear blue... i'm on an aspirin regimen... and i take bayer chewables. [ male announcer ] be sure to talk to your doctor before you begin an aspirin regimen. he's my success story. [ laughs ] to provida better benefits package... oahhh! [ male announcer ] it made a big splash with the employees. [ duck yelling ] [ male announcer ] find out more at... [ duck ] aflac! [ male announcer ] ...forbusiness.com. ♪ ha ha!

jon: fox news alert on a football play that has touched presidential politics, this one that ended the seattle-green bay game last notice should have been a victory for green bay, instead seattle, because of a blown call came away with the victory. now the nfl rules committee has taken a look at all of this. taken a look at the replays,

taken a look at the rulings on the field, the short story here is that the ruling stands. the nfl upholds the touchdown at the end of this game, greenway versus seattle. it should have ended with a -- i'm sorry, with a penalty that would have ended the game, offensive pass interference, it wasn't called, and that is not reviewable. here is the ruling the nfl officiating department reviewed the video today, supports the decision not to overturn the on field ruling following the instant replay review, the result of the game is final. packers fans, you're going to have to wait for your retribution but that is the ruling from the nfl. paul ryan, the vice presidental candidate mentioned it in that speech in cincinnati a short time ago. this thing is rocking the football world, but it's over. right now the u.s. and israel bracing for some fiery rhetoric at the united nations by the

president of iran. he will address the general assembly tomorrow, but already he's making waves, defending iran's nuclear program and saying israel should be eliminated. meanwhile iran's revolutionary guard is testing missiles designed to sink ships, holding a military drill here the strategic straight of strait of hormuz in the persian gulf. here we go again, this seems to be the annual dog and pony show where he gets his moment in the sun and at the united nations general assembly to spout whatever he wants. why does this world let this guy do it in. >> i think it's actually the u.s. that let's this guy do it right now. at the u.n. why does this go ahead? because he's done something there that is actually meaningless today in any sense of u.s. assertion, and basically just says the u.s. is going to put up with whatever is going

on. we've got a great porrige diversity today. jon: when he landed here he said essentially that israel has to be eliminated. given what happened to the jui jews in the holocaust where is the obama administration not taking a tougher line on him and his country's military nuclear program? >> excuse me i thought you were asking about president obama, you're asking about mahmoud ahmadinejad. very good question, why is he even here with something like 140 people in oeus entourage. this is something who is calling for the elimination of israel, that means he's calling for genocide. the u.n. was founded to stop genocide. he shouldn't be here at all. and nothing is really being said so far by the u.s. administration to seriously counter the things that mahmoud ahmadinejad has been saying. jon: president obama said that,

you know, that all options are on the table when it comes to stopping iran from developing a nuclear weapon. is that true? >> yeah, but very unconvincingly. he gave a speech this morning in which basically what he said was time is not unlimited for iran to stop via diplomacy pursuing nuclear weapons. well, there is a threat. meanwhile as you just pointed out iran is testing missiles, continues to pursue nuclear weapons, and its president is here for the 8th year in a row calling for the elimination of israel, which he refers to as a fake regime. that calls for something much more specific than -- that calls for the united states to say something that the world will take seriously, and that something is not what he said. jon: so president obama has said the u.s. has israel's back if teheran is threatening israel's

exexistence. would it not be a prudent move for our president to meet with israel's leader. >> of course, if there is one thing he should have done while in new york is not go on the view with the ladies, he should have met with the prime minister of is raoefplt in his speech he didn't say he had israel's back he said the u.s. would walk alongside in the peace process, that is not reassuring either. jon: claudia rossette from the defense for democracies, thank you. jamie: china's navy making waves literally expanding its presence across the pacific. coming up what the pentagon is doing to counter china's growing military power.

jamie: right now china's military build up is a cause for

concern. china's navy growing by leaps and bounds as beijing flexes its muscles at sea. the pentagon is boosting the u.s. presence across the western pacific and we are keeping an eye on the story, we'll have more for you from adam housley now. he is live at the naval base in san diego. gosh, it's almost a whole naval down there. what is going on, adam? >> yeah, jaime. we are in san diego as you mentioned, a little bit of a transmission issue there, we are back here live in san diego. you talked about the fact that the u.s. is responding to china. for more than one hundred years since the great white fleet the u.s. has been the preeminent power in the pacific region. now china is trying to take that title. today they launched their first ever aircraft carrier, it's a repurchase pweurbd former soviet carrier who they said it was for the people of china u.s. intelligence felt otherwise and today it was true as the carrier

was officially dedicated. they are building their own carrier as well. this type of build up has a lot of our allies in the pacific concerned and the u.s. as well. when you talk to specialists in the region they'll say that this is proof that china is a military force to be rec conned with. >> china is the big game in town, and you have other countries, japan, taiwan, vietnam, they tend to be reaction want to what the chinese are doing. >> reporter: the u.s. is dedicated to the allies in the region, they are deploying 2500 military personnel to australia, that with us announced today to boost security in the pacific region. we know marines who are coming out of afghanistan are being deployed into the philippines, and the u.s. says it is extremely important to make sure that the u.s. does keep its power here in the pacific region. >> it's important not just

military, it's important economically, it's important for the future of the world because so much is happening in the pacific rim region, and it behooves all of us to not just follow it, to be an active part of it. >> reporter: jaime the official word from the u.s. is they call it a pivot as they put more forces here in the pacific the naval forces will be put here, more significantly than any other area in the world, there will be more ships here, more personnel here. they say this is the area, one-third of the earth is covered by the pacific ocean, so much commerce comes across the pacific ocean the u.s. wants to make sure that our allies are protected and our interests are protected here in the pacific, and some people, jaime say this is the biggest build up if not larger than what we saw back in world war ii. jaime. jamie: big story. thanks, adam. jon: there are new questions about the investigation into the attack on our consulate in libya. four americans killed, including two former navy seals. so what are we learning about their deaths? fox news talks with a navy seal who served overseas with both of those heros.

nsulin, so i test... a lot. do you test with this? freestyle lite test strips? i don't see... beep! wow! that didn't ta much blood. yeah, and the unique zipwik tab targets the blood and pulls it in. so easy. yep. freestyle lite needs just a third the blood of onetouch ultra. really? so testing is one less thing i have to worry about today. great. call or click today and get strips and a meter free. test easy.

this is a test.

this is a test.